header-logo header-logo

05 September 2014 / Seamus Smyth
Issue: 7620 / Categories: Features , Profession
printer mail-detail

Making matters worse?

Woolf & Jackson have diluted claimants’ costs recovery, says Seamus Smyth

The Woolf and Jackson Reports have made life tougher for claimants in business litigation by (i) introducing new litigation stages whose costs are not recoverable, (ii) increasing costs overall, and (iii) substantially reducing the proportion of costs which are recoverable by successful claimants. The two reports brought significant improvements but those improvements should not blind us to their—no doubt accidental—adverse consequences. Will it get worse?

In the 1990s (before Woolf) one could, with reasonable confidence, advise a client with a commercial claim that if a letter before action were written and he instituted successful proceedings shortly thereafter, he would probably be awarded, say, 80% of his actual costs. 20% was bad enough.

Woolf woes

Woolf introduced protocols. These are expensive; the costs are likely to be irrecoverable. He promoted mediation—also expensive—the cost of which is almost certainly irrecoverable. Summary assessment of costs in interlocutory proceedings was also a consequence of Woolf. The preparation of a summary assessment schedule alone has a further cost

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll